Addressing 3 Common Concerns About Powers of Attorney

 Posted on June 10, 2025 in Power of Attorney

Giving someone power of attorney is a serious decision. It allows another person, called your agent or attorney-in-fact, to handle your financial, legal or medical matters. Many people worry about the risks that come with giving someone this much control. When you trust our experienced Silver Spring, MD estate planning lawyer for your legal solutions, we can ensure that your powers of attorney protect your rights and best interests.

What Is a Power of Attorney?

At some point, you may become unable to handle your own affairs. You can choose someone else now to act on your behalf by granting that person a power of attorney. A durable power of attorney is usually effective immediately and stays in effect until revoked or until you die. A springing power of attorney only becomes active once specific circumstances are met, such as you becoming incapacitated. In Maryland, a power of attorney can grant your agent(s) broad or limited authority in different areas:

• Advance medical directive: Explains what medical care you want if you cannot speak for yourself, often including your wishes about life support, resuscitation, and other treatments

• Statutory limited power of attorney: Gives your agent permission to handle specific tasks listed in the document.

• Statutory personal financial power of attorney: Allows your agent to manage your finances

• Supplemental personal financial power of attorney: Adds extra powers or instructions to the standard financial power of attorney, such as giving your agent permission to manage digital assets or work with trusts

These documents are an important part of any estate plan because they ensure that someone you trust can step in to help when needed. However, it is common to have concerns. We can discuss them in more detail during your estate planning process.

Can My Power of Attorney Take Advantage of Me?

An agent under a power of attorney is legally required to act in your best interests. This is called a fiduciary duty. However, some agents do take advantage of their positions. Examples include using your money for their own benefit or making decisions you would not agree with. If this happens, the agent can face legal consequences.

To reduce the risk of abuse, we recommend choosing someone you trust completely. You can also limit the agent’s powers in the document. Some people name more than one agent who must act together. You also have the option to require regular updates or financial reports. We can help you determine what works best for you.

What If I Change My Mind About My Power of Attorney?

You can revoke your power of attorney at any time, as long as you are mentally capable. We can help you put your decision in writing and notify your agent. You should also inform any banks or institutions where the agent may have used the document.

If you want to name a new agent, we can help you create a new power of attorney. The new document should clearly state that it replaces any earlier version. This helps prevent confusion and stops your old agent from making further decisions on your behalf.

When you die, all powers of attorney are rescinded. That means your agent(s) can no longer manage your affairs.

What Is Considered as Being Incapacitated?

A person is considered incapacitated when they are no longer able to understand information or make informed decisions. This can happen because of illness, injury, or mental decline. Doctors may use medical evaluations or cognitive tests to decide if someone is incapacitated. You can include language in your power of attorney document that explains who decides when you are incapacitated and how it must be proven.

Discuss Your Needs With Our Knowledgeable Silver Spring, MD Powers of Attorney Lawyer

Comprehensive estate planning means making smart arrangements for your future, and powers of attorney are incredibly useful tools. To learn more, contact The Eleff Law Group at 301-857-1990 or online to speak with our skilled Potomac, MD estate planning attorney. Your initial consultation is free of charge.